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Book
33 p. ; 28 cm.
Law Library (Crown)
Book
i, 75 p. ; 28 cm.
Law Library (Crown)
Book
xiii, 306 p. : maps ; 23 cm.
  • Benefits of a considered approach to the legal framework for transactional language choices
  • English and translation in transnational business and finance
  • Laissez-faire approach of one English-speaking jurisdiction : United States
  • Governmental trend towards choice
  • Party work-arounds to governmental impositions of linguistic burdens
  • Role of language in current models for development of legal frameworks to support transnational commercial and financial deals
  • Effective strategies turning on language
  • Language as empowerment.
This book takes a comparative look at cross-border secured lending and commercial dispute resolution. It illustrates how parties involved in transactions can effectively structure their business to maximize their control of the language choice in which they deal. The book integrates investigations of national legal systems and various international organizations to illustrate the new institutitional dynamics through which the languages of transnational commerce and finance are being defined.
(source: Nielsen Book Data)9781604429374 20160604
Law Library (Crown)
Book
viii, 232 pages : illustrations ; 24 cm.
  • Introduction
  • A story of sticky boilerplate begins in Brussels
  • The sovereign bond contract
  • Theories explaining the stickiness of contract boilerplate
  • The importance of Elliott : the official story
  • Market responses
  • The faithful lawyer
  • The imperfect agent
  • Rituals and myths
  • The hunt for Pari Passu
  • The agency costs of big law
  • Epilogue.
Boilerplate language in contracts tends to stick around long after its origins and purpose have been forgotten. Usually there are no serious repercussions, but sometimes it can cause unexpected problems. Such was the case with the obscure pari passu clause in cross-border sovereign debt contracts, until a novel judicial interpretation rattled international finance by forcing a defaulting sovereign - for one of the first times in the market's centuries-long history - to repay its foreign creditors. Though neither party wanted this outcome, the vast majority of contracts subsequently issued demonstrate virtually no attempt to clarify the imprecise language of the clause. Using this case as a launching pad to explore the broader issue of the "stickiness" of contract boilerplate, Mitu Gulati and Robert E. Scott have sifted through more than one thousand sovereign debt contracts and interviewed hundreds of practitioners to show that the problem actually lies in the nature of the modern corporate law firm. The financial pressure on large firms to maintain a high volume of transactions contributes to an array of problems that deter innovation. With the near certainty of massive sovereign debt restructuring in Europe, "The Three and a Half Minute Transaction" speaks to critical issues facing the industry and has broader implications for contract design that will ensure it remains relevant to our understanding of legal practice long after the debt crisis has subsided.
(source: Nielsen Book Data)9780226924380 20160609
Law Library (Crown)
Book
1 online resource (426 p.) : digital, PDF file(s).
  • Introduction-- Part I. How Contracts Are Written In Practice: 1. Negotiating international contracts: does the process invite a review of standard contracts from the point of view of national legal requirements? David Echenberg-- 2. Multinational companies and national contracts Maria Celeste Vettese-- Part II. Methodological Challenges: 3. Does the use of common law contract models give rise to a tacit choice of law or to a harmonised, transnational interpretation? Giuditta Cordero Moss-- 4. Common law based contracts under German law Gerhard Dannemann-- 5. Comparing exculpatory clauses under Anglo-American law: testing total legal convergence Edward T. Canuel-- 6. Circulation of common law contract models in Europe: the impact of European Union system Jean-Sylvestre Berge-- Part III. The Applicable Law's Effects on Boilerplate Clauses: 7. The common law tradition: application of boilerplate clauses under English law Edwin Peel-- 8. The Germanic tradition: application of boilerplate clauses under German law Ulrich Magnus-- 9. The Romanistic tradition: application of boilerplate clauses under French law Xavier Lagarde, David Meheut and Jean-Michel Reversac-- 10. The Romanistic tradition: application of boilerplate clauses under Italian law Giorgio De Nova-- 11. The Nordic tradition: application of boilerplate clauses under Danish law Peter Mogelvang-Hansen-- 12. The Nordic tradition: application of boilerplate clauses under Finnish Law Gustaf Moller-- 13. The Nordic tradition: application of boilerplate clauses under Norwegian law Viggo Hagstrom-- 14. The Nordic tradition: application of boilerplate clauses under Swedish law Lars Gorton-- 15. The East European tradition: application of boilerplate clauses under Hungarian law Attila Menyhard-- 16. The East European tradition: application of boilerplate clauses under Russian law Ivan S. Zykin-- 17. Conclusion: the self-sufficient contract, uniformly interpreted on the basis of its own terms: an illusion, but not fully useless Giuditta Cordero Moss.
  • (source: Nielsen Book Data)9780521197892 20160606
With the aim of creating an autonomous regime for the interpretation and application of the contract, boilerplate clauses are often inserted into international commercial contracts without negotiations or regard for their legal effects. The assumption that a sufficiently detailed and clear language will ensure that the legal effects of the contract will only be based on the contract, as opposed to the applicable law, was originally encouraged by English courts, and today most international contracts have these clauses, irrespective of the governing law. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.
(source: Nielsen Book Data)9780521197892 20160606
Book
xii, 396 p. ; 23 cm.
Law Library (Crown)
Book
xxxii, 567 pages : illustrations, forms ; 28 cm.
  • Translating the business deal into contract concepts
  • Drafting a contract's parts
  • Drafting clearly and unambiguously
  • Drafting from the client's perspective
  • Putting a contract together
  • Drafting ethically
  • Additional exercises
  • Exemplars and guided reading exercises.
Law Library (Crown)
LAW-7815-02, LAW-7815-03
Book
161 p. ; 22 cm.
Green Library
Book
xliii, 359 p. ; 24 cm.
  • Introduction
  • Fundamental precepts of contractual interpretation
  • Elements of contractual interpretation
  • Implied terms
  • Agreements to agree
  • Doctrines outside the law of contractual interpretation which can affect contractual meaning
  • The interpretation of specific types of contracts
  • The interpretation of specific types of clauses
  • What is the duty of good faith?
Law Library (Crown)
Book
xx, 285 pages ; 24 cm.
  • Einführung
  • Der Umgang mit Sprachprobleme und die Sprachrisikoverteilung durch die "Rechtsgeschäftslehre" des DCFR
  • Gesetzliche Sprachregulierung und Grenzen rechtsgeschäftslicher Sprachwahl
  • Conclusio.
Law Library (Crown)
Book
199 pages : illustrations, portraits ; 23 cm.
  • Select issues in drafting contracts : analyzing ambiguities and contract boilerplate (Part 1) / Vincent R. Martorana, Reed Smith LLP
  • Select issues in drafting contracts : analyzing ambiguities and contract boilerplate (Part 2) / Vincent R. Martorana, Reed Smith LLP
  • Select issues in drafting contracts : analyzing ambiguities and contract boilerplate (PowerPoint slides) / Vincent R. Martorana, Reed Smith LLP.
Law Library (Crown)
Book
xvi, 175 pages ; 24 cm
  • Introduction: My story
  • The world in which we find ourselves
  • Evolving business realities and mindsets
  • Cause of action
  • Introducting discovering agreement : frame and framework
  • Touchstone
  • Addressing change & engaging disagreement structure and system
  • Lawyers and clients
  • Playing well with others
  • Reflections.
Imagine a contract that * stimulates and supports rapid return to alignment and productivity in the face of unexpected change* inspires side-by-side problem-solving rather than adversarial confrontation when parties disagree* learns with the business as it navigates the ever-changing, digital-speed, modern marketplace. Discovering Agreement is an innovative approach to generating legally enforceable documents that embed responsive, resilient operating systems into contractual relationships. This practical, easily implemented process empowers parties to build sustainable business relationships, replacing the old-style foundation of distrust and adversarial posturing with one of alignment and affinity - without sacrificing either party's power or credibility. Using the Discovering Agreement model, parties create documents that support and sustain agile, adaptable business relationships aligned with the core vision and values of the parties. This model provides a safer, more stable and trustworthy foundation for framing and conducting business relationships, enabling parties to create stronger, more sustainable and enjoyable ventures that can endure and prosper in the midst of disagreement or crisis. With engaging prose, personal stories, real-life examples, and practical guides for conducting negotiations and drafting agreements, Discovering Agreement empowers readers to generate immediate, positive change in their legal interactions and in how the legal system impacts their business relationships. When put into practice, Discovering Agreement has the added potential of catalyzing long-term, systemic change in the legal system itself.
(source: Nielsen Book Data)9781634254106 20170717
Law Library (Crown)

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